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Should you consider a postnuptial agreement?

On behalf of Stange Law Firm, PC posted in divorce on Friday, September 21, 2018.

Family law experts in Jackson County will often recommend that you and your spouse enter into a prenuptial agreement prior to your marriage in order to protect each of your existing financial interests should your marriage end. Yet even the experts may agree that not every marriage may need a prenup. Neither of you may have brought significant assets into your marriage, or even if you did, you may have decided that you ultimately did not care how they might be divided should you separate (which likely seemed to be an impossibility at the time).

Now, for whatever reason, you may be questioning that decision. If so, you should know that postnuptial agreement can be just as good at protecting your assets from being divided or lost in a divorce settlement. A cynic might say that your wanting a postnuptial agreement is a sure sign of you believing that your marriage is already on its way to failing. Yet there are indeed circumstances where considering postnuptial agreement might be the best option for you and your spouse.

Imagine if either you or your spouse becomes disabled and dependent on continuous medical care. You might want to consider creating an agreement that ensures that the one needing it will have access to health insurance even if your marriage ends. What if one of you (or both) see an unanticipated change in your financial circumstances? You may then want to consider creating some arrangement that deters from using the marriage to make a profit.

Whatever your reasons, know that Missouri law does view postnuptial agreements as being valid. Remember, however, that in accordance with Section 451.220 of the state's Domestic Relations Code, such agreements must be in writing in order to be enforceable.

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